The Tasmanian government says it aims to stop “good character” references being used to lessen sentences for all serious offending.
In a statement on Monday, Tasmanian Attorney-General Guy Barnett said victims of crime should not have to sit in court and hear that the person who harmed them was of “good character”.
“As a government we are determined to ensure that sentencing meets modern community standards,” Mr Barnett said.
“I have met with, and will continue to meet with, advocacy groups and survivors on this issue, and I want to thank them for their ongoing support.”
In a statement, Guy Barnett said Tasmania wanted to ensure sentencing met “modern community standards”. (ABC News: Maren Preuss)
Good character evidence can be used as a mitigating factor for offenders during sentencing in Tasmania.
In 2016, Tasmania introduced laws to restrict the use of “good character” references in sentencing for sexual offences, preventing courts from considering an offender’s good character if it “was of assistance to the offender in the commission of the sexual offence”.
Mr Barnett said the state was now consulting on further changes, with the intent to stop the ability of good character references being used in all serious offending.
He said there might be a possible exception for the use of good character references “for lesser offences in specific circumstances”.
Asked about the timeline for the legislative changes on Monday morning, Tasmanian MP Bridget Archer said draft legislation would be released in the first half of this year.
Draft legislation for the change in Tasmania is expected to be released in the first half of this year. (ABC News: Maren Preuss)
Campaigner celebrates ‘national momentum’
If the laws are amended, Tasmanian will join several other jurisdictions that have flagged legislative changes to remove character references from being used in court to lessen sentences.
For Harrison James, the co-founder of the Your Reference Ain’t Relevant campaign and a survivor of child sexual abuse, Tasmania’s announcement is another step in a broader national shift in how courts understand harm and accountability.
“We’re seeing national momentum at the moment — it’s real and it’s exciting,” Mr James said.
“The next step is to continue to work constructively with governments and legal experts to ensure that sentencing laws across Australia reflect community standards and prioritise the experiences of victims and survivors.”
Harrison James says victims shouldn’t have to hear their abuser is a “good bloke” or a “pillar of the community”. (Supplied)
Mr James said he first met with Mr Barnett two years ago to advocate for the changes, and has been in regular correspondence with his office.
Mr James and Jarad Grice began their campaign in 2022.
Since then, they have successfully pushed for legislative changes across several jurisdictions.
In December last year, the Australian Capital Territory introduced new laws to make character references irrelevant in sentencing for sexual offences against children.
New South Wales announced a law in February to also scrap good character references for convicted offenders in sentencing proceedings.
Victoria has also followed suit, promising to remove good character references for convicted criminals.
Tasmania is following moves by New South Wales and Victoria to prevent convicted offenders from receiving character references. (ABC News: Jak Rowland)
Changes ‘restore confidence’ for survivors, advocate says
Mr James said it had been a long process to get to this point, but the quick succession of legislative changes in the past six months showed that the practice no longer reflected modern community expectations.
“Victims and survivors don’t have to hear that their perpetrator or abuser is a quote good bloke or a pillar of the community,” he said.
“I think for survivors, it can help restore confidence that the justice system understands their experience and is evolving to better reflect the realities of harm.”
Last September, Queensland also introduced legislative changes that limited the use of good character references during the sentencing of convicted sex offenders.
Under the changes, an offender’s “good character” can only be treated as a mitigating factor in circumstances where it is relevant to the offender’s prospects of rehabilitation or likelihood of reoffending.
Mr James said it fell short of his campaign’s goals, but he looked forward to continuing to work with the Queensland government to push for further changes.
“These crimes, they don’t discriminate by state borders,” Mr James said.
“I’m looking forward to bringing this into the remaining states. I also look forward to working with federal politicians because there are some crimes that are handled in federal court.”
